Patna High CourtCR. MISC./32004/2017bail granted

Prem Prakash Singh v. The State Of Bihar

2017-07-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32004 of 2017 Arising Out of PS. Case No. -56 Year- 2017 Thana -BHAGWANPUR District- BHABHUA (KAIMUR) ====================================================== Prem Prakash Singh son of Ram Kumar Singh, resident of village Tori, P.S. Bhagwanpur, District Kaimur at Bhabua .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Pawan Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 19.04.2017 in connection with Bhagwanpur (Belaon) P.S. Case No. 56 of 2017 for the offences alleged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated in connection with recovery of one country made pistol and two live cartridges but in fact no recovery has been made from his conscious possession. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail, upon completion of a period of six months in custody, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, District Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No. 56 of 2017 with the following conditions:

(i) That one of the bailors shall be a close relative of the

Patna High Court Cr.Misc. No.32004 of 2017 (2) dt.13-07-2017 2/2 petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T